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The (fictitious) Live Entertainment Venues Act 2025 makes it a criminal offence to operate a live entertainment venue without a licence from a local authority. Local authorities are empowered by the statute to include conditions in their licences and to remove licences whenever there is a "significant" breach of a licence condition. Local authority decisions may be challenged in the High Court on judicial review grounds within six weeks of the decision being made.
The Musicality Café is a popular live entertainment venue featuring live music seven days a week Borchester. Its licence contains the condition that it must "take all reasonable steps to prevent the selling and consumption of illegal drugs on its premises". The Musicality Café is sent a letter from Borchester Council stating that it is planning to remove the licence because it believes that the management of the Musicality Café has not taken reasonable steps to prevent the selling and consumption of illegal drugs on the premises. A hearing is scheduled within two weeks of the date of the letter. When the management of the Musicality Café arrives at the hearing, they were told that they would not be allowed to be represented by their lawyer and that for "operational reasons", details of the allegations and the source of the information could not be given. They are permitted to ask questions of the local authority enforcement officer. The appeal panel confirms the decision to remove the licence without giving reasons.
The Dixieland Jazz Café applies for a licence as a live entertainment venue. Its application is assessed solely on the papers provided to a committee of five councillors. The application is refused on 30th March 2026 on the grounds that Borchester Council has a policy of not licensing more than two live jazz venues in the city as there is insufficient demand. The management of the Dixieland Jazz Café discovered last week that one of the councillors regularly attends one of the existing live jazz venues in Borchester and that another member of the committee is a noted classical music critic who has publicly stated that they do not listen to jazz music.
Advise:
1. The Musicality Cafe, who wish to challenge the removal of their licence; and
2. The Dixieland Jazz Cafe who wishes to challenge the refusal to grant them a licence.
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